Education School funding was a hot issue this session, with the political wrangle between the Republican governor and Democratic comptroller centering on how much aid the state should give local districts. Eventually the legislature approved $19 million more in school aid formula funding than Gov. Thompson had proposed. But Comptroller Bakalis, the Democratic candidate for governor, could not claim this as a major victory since he had originally proposed elementary and secondary education finance at $42 million above Thompson's request. A new school aid formula was adopted under H.B. 2891, sponsored by Rep. Bruce Richmond (D., Murphysboro). The bill is especially good for downstate districts, which would have lost about August 1978/Illinois Issues/27 $43 million of what they got last year if the old formula had been left unchanged. Instead, they will get an increase of about $6.2 million over 1977-78 payments. Other areas of the state will get an even larger increase over last year's total, but they would not have been hurt as badly by the old formula anyway. The effect of the formula change means increases of $9.1 million for Chicago districts, $20 million for other Cook County districts, $18.7 million for districts in the collar counties of DuPage, Kane, Lake, McHenry and Will, and $49 million downstate. The new formula was agreed to by Chicago Democrats when they determined that they did not have the votes to block a new — and to them disturbing — coalition of downstate Democrats with Republicans (see "Roll Calls" on page 29) on amendment 19 to H.B. 3259, which shows this coalition at work on the failed off-track betting bill. The $1.36 billion formula bill, H.B. 2891, passed the Senate in final form 44-0 June 26, then sailed through the House 138-11 June 28. Besides the new formula money, grants to elementary and secondary education totaled $318 million, about $23.5 million over the governor's request. This money helps to fund special education, transportation of students, drivers' education, and other mandated programs. The total of all appropriations to elementary and secondary education is nearly $2 billion, or $32.9 million over and above what Gov. Thompson suggested. By contrast, the operations budget for higher education came in on target, with a $79 million increase over last year, just as Thompson had proposed. Potholes Both Thompson and Bakalis wanted credit for filling potholes with their own unique plans. In the Democrat-controlled legislature it was, of course, Bakalis' bill that finally was adopted. It gives $30 million, borrowed from the general revenue fund, to a special pothole repair fund. The road fund will divert $2.5 million a month from future revenues to help repay the general fund. Thompson called the Bakalis plan "silly" and may veto it. His own plan called for spending $76 million, mostly by speeding up gas tax payments to local governments. Counties would have done most of the road repair, but the state would have done "intermittent resurfacing" where short-term repairs would not suffice. The Bakalis bill became bottled up in the House near the end of the session when several Chicago blacks said they would not support it unless other regular Democrats set aside funds to implement desegregation in Chicago schools. (Gov. Thompson has maintained that the money is in the school budget to allow localities to fund desegregation programs, but no specific line item is earmarked for that purpose.) The black caucus never did get a set-aside amount for desegregation. They became angered at the closing gavel — about 6:30 a.m. July 1, after an all-night session — when the speaker refused to call their bill before adjournment. But they had already voted for the pothole plan. H.B. 2790 passed the House 94-71 May 24, and the Senate 30-24 June 22, but final concurrence to Senate amendments came on an 89-81 House vote, June 28. Mental health package The package of Mental Health Code revision bills (see July articles) that were laboriously hammered out in the Senate Judiciary I Committee, were sent to the governor relatively unscathed, with only technical amendments added to S.B.'s 250, 253 and 255. The Illinois Medical Society, the Illinois Hospital Association and the Illinois Psychiatric Society lobbied against the bills, termed the state's first "bill of rights" for mental health patients. But they passed anyway, with final adoption of conference committee reports nearly unanimous on two of the bills. The key bill, S.B. 250, sponsored by Sen. Richard M. Daley (D., Chicago), passed 140-17 in the House and 45-7 in the Senate on the final official day of the General Assembly session, June 30. It would give a patient the right to refuse treatment or medication unless needed to prevent serious harm to self or others. It sharply limits physical restraints, requires notification of next of kin or guardian at time of admission and increases the rights of a patient to object to being discharged from or denied admission to a mental health facility. S.B. 253 passed on concurrence votes 96-54 in the House and 43-8 in the Senate June 30. The new code would not require an over act by an individual proving that he or she is dangerous before involuntary commitment to a mental health facility. A three-judge panel in a Federal District Court recently ruled that an overt act is not necessary for involuntary committment. Illinois does not presently require an overt act. Product liability Two bills aimed at limiting legal liability of manufacturers or retailers for hazardous or defective products were sent to the governor in identical form. One is S.B. 1847, which passed by a 138-24 vote in the House June 23, after winning unanimous Senate approval 52-0 May 26. Supporters said the cost of product liability insurance is the single biggest problem facing business. The bills both place a ten-year time limit on an injured customer's right to sue after a manufacturer sells a product to a consumer, and a 12-year limit after a manufacturer first sells to a wholesaler. The legislation was worked out in extensive conferences between legislators and representatives of the Illinois Trail Lawyers Association — who opposed the time limitations on suits — and the Illinois State Chamber of Commerce and Illinois Manufacturers Association — both of which favored different forms of limitation. S.B. 1847 was sponsored by Sen. Daley. The other bill, H.B. 1333, sponsored by Rep. Lee A. Daniels (R., Elmhurst), passed the House 161-3 May 26, and the Senate 46-2 June 24. The measures would allow a consumer suit after the time limit if it could be proven that a manufacturer knew the product could cause injury (see July for details). 'Redlining' A major anti-redlining bill was sent to Gov. Thompson by a Senate vote of 45-5 June 26, after it had passed the House 102-58 May 25. It would prohibit insurers from refusing to provide renters' insurance solely on the basis of geographic location in "redlined" neighborhoods. Such refusal has been a major cause of urban decay. The bill, H.B. 2555, sponsored by Rep. Ellis B. Levin (D., Chicago), would also prohibit insurance companies from refusing or cancelling a renter's or auto policy on grounds that an agent or broker is not located near an applicant. Mine subsidence insurance Two bills requiring that insurance companies provide coverage against damage to property caused by collapsing mine shafts have been sent to Gov. Thompson. The insurance would be purely optional for consumers and wouldn't provide compensation for damage that has already happened. Companies must offer subsidence 28/August 1978/Illinois Issues insurance in conjunction with fire policies, after October 1, 1979. H.B. 157, sponsored by Rep. Celeste M. Stiehl (R., Belleville), passed the Senate 50-1 June 22. It merely provides for study of the mine subsidence problem by the Institute for Environmental Quality and eventual legislative recommendations. The substantive bill, H.B. 158, also by Rep. Stiehl, passed the Senate 51-3 June 22. Both bills passed the House 155-0 May 11. The governor has already given his support to the concept, calling it "a major step toward easing a nightmare situation." Memorial days The confused approach to Memorial Day observance in Illinois will end if Gov. Thompson signs H.B. 2706 now on his desk. When Congress switched national observance of the holiday from May 30 to the final Monday in May, Illinois had refused to go along with the change. The result of lawmakers' mulishness was near chaos this year when the federal holiday fell on a Monday and the state holiday on Tuesday. Veterans organizations at first resisted the change, but veterans' advocate Rep. Lawrence DiPrima (D., Chicago) sponsored the date change in H.B. 2706, which passed the House 136-20 June 26 and the Senate 41-12 June 29. Hospital rates A nine-member panel to review hospital rates on a case-by-case basis was approved in a bill sent to the governor June 28 after the Senate concurred August 1978/Illinois Issues/29 to House amendments 41-15. A new State Health Finance Authority would have the power to approve, deny or reduce rate suggestions, under terms of the bill. The panel would be composed of five voting members, including four consumer representatives and one hospital trustee. Four nonvoting members would include two hospital employees and two insurance industry representatives. Sponsored by Sen. Arthur Berman (D., Chicago), the bill passed the House 109-50 June 15. Gov. Thompson has endorsed the measure and is expected to sign it. Measures that didn't pass ERA The wind-torn issue of the Equal Rights Amendment (ERA) to the U.S. Constitution was defeated twice in narrow House votes this session (See House "Roll Calls" on page 29). the first roll call ended just 6 votes short of passage, 101-64 June 7. That time five pro-ERA black legislators took credit for the defeat of the resolution. 30/August 1978/Illinois Issues
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